Cockburn will get a Puma fuel station it does not want on the site of a defunct KFC restaurant thanks to poor and confusing wording in its city planning scheme.
Back in August, oneperth.com.au revealed that four objectors had forced Puma Energy – which has embarked on a major expansion into Western Australia – to scale back plans for a 24/7 fuel stop at the site of a defunct KFC restaurant at the southern gateway to Fremantle.
In a prolix approvals process that we’ve been following, Cockburn city councillors in September refused the fuel stop, planned for the corner of Carrington Street and Clontarf Road in Hamilton Hill.
Puma appealed that decision in the powerful State Administrative Tribunal, and in a recent ruling tribunal deputy president David Parry ordered that the servo be approved.
Puma contended that the proposed servo was correctly classified as ‘convenience store’ under the Cockburn city plan but the council contended it was correctly classified as ‘petrol filling station’.
Judge Parry observed that the definitions for ‘convenience store’ and ‘petrol filling station’ in the Cockburn planning scheme were poorly drafted and somewhat confusing.
He determined that the proposed use should be correctly classified as ‘convenience store’, that the planned Puma met the development standards for that use, and should therefore be approved.